Glenn v Watson & Ors [2018] EWHC 2016 (Ch) (31 July 2018)

Glenn v Watson & Ors [2018] EWHC 2016 (Ch) (31 July 2018)

The court found that Mr Watson owed and breached fiduciary duties to the claimants in relation to the joint ventures, particularly by securing undisclosed personal benefits and engaging in deliberate deception. The Project Spartan agreements were procured by deceit and/or breach of duty, entitling the claimants to...

Source-derived case information.

Citation
[2018] EWHC 2016 (Ch)
Parties
Claimant: Sir Owen George Glenn KNZM ONZM; Claimant: Kea Investments Limited; Defendant: Eric John Watson; Defendant: Novatrust Limited; Defendant: Miles John Anthony Leahy; Defendant: Nucopia Partners Limited; Defendant: Spartan Capital Limited; Defendant: Munil Development Inc
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Chancery Division Commercial Claim / Post Trial Judgment
Outcome
Judgment for the claimants against the remaining defendants (excluding those settled).
Legal Topics
Breach of Fiduciary Duty, Knowing Receipt, Equitable Compensation, Damages for Deceit, Trust Administration, Joint Venture Disputes
Equity and Trusts Company Law Fraud Commercial Law Breach of Fiduciary Duty Knowing Receipt Equitable Compensation Damages for Deceit +2 more

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Parties

Sir Owen George Glenn KNZM ONZM

Claimant

Kea Investments Limited

Claimant

Eric John Watson

Defendant

Novatrust Limited

Defendant

Miles John Anthony Leahy

Defendant

Nucopia Partners Limited

Defendant

Spartan Capital Limited

Defendant

Munil Development Inc

Defendant

Procedural Posture

Chancery Division Commercial Claim / Post Trial Judgment

Legal Issues

  1. 1 Whether Mr Watson owed and breached fiduciary duties to the claimants
  2. 2 Whether Mr Dickson breached his duty as director of Kea
  3. 3 Whether the Project Spartan agreements should be set aside for deceit or breach of duty

Ratio Decidendi

The court found that Mr Watson owed and breached fiduciary duties to the claimants in relation to the joint ventures, particularly by securing undisclosed personal benefits and engaging in deliberate deception. The Project Spartan agreements were procured by deceit and/or breach of duty, entitling the claimants to set aside the agreements and claim equitable compensation and damages. The evidence of the main witnesses for the defendants was found unreliable or self-serving, and the claimants' proprietary and personal claims were established on the facts.

Court Disposition

Judgment for the claimants against the remaining defendants (excluding those settled).

Orders

  • Project Spartan agreements set aside as against the remaining defendants.
  • Defendants to pay equitable compensation and damages for deceit to the claimants.